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Head notes of the Upper Tribunal (IAC) reported cases for May - August 2017

CS and Others (Proof of Foreign Law : India) [2017] UKUT 199 (IAC) (2 May 2017) URL: http://www.bailii.org/uk/cases/UKUT/IAC/2017/199.html The content of any material foreign law is a question of fact normally determined on the basis of expert evidence.

Eisa, R (on the application of) v Secretary of State for the Home Department (Dublin; Articles 27 and 17) [2017] UKUT 261 (IAC) (24 May 2017) URL: http://www.bailii.org/uk/cases/UKUT/IAC/2017/261.html (1) Judicial review is a remedy of sufficient flexibility to comply with Article 27(1) of Regulation 604/2013 (Dublin III).



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Key cases from January to June 2017 for immigration lawyers, and why they are of interest.

Immigration analysis: Adam Pipe, barrister at No.8 Chambers, picks out the key cases from January to June 2017 for immigration lawyers, and why they are of interest. The review covers decisions on Article 8 ECHR–related matters (including on the Minimum Income Requirement, best interests of the child, insurmountable obstacles, Part 5A public interest considerations and Section 94B certificates), British nationality and stateless children, EU law matters, judicial review developments and protection claims.


View the LexisNexis article here.

Upper Tribunal finds all returnees at risk in Libya.

Adam Pipe counsel in new Country Guidance case where Upper Tribunal finds all returnees at risk in Libya.

On 28th June 2017 the Upper Tribunal promulgated its decision in ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC) the long awaited new Country Guidance case on the Article 15(c) risk in Libya.

Adam Pipe represented the Appellant instructed by Duncan Lewis solicitors. Alison Pargeter was instructed as a Country Expert and gave evidence before the Upper Tribunal.

The appeal was allowed on Article 15(c) grounds. The head note reads as follows:

The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person.

As will be apparent from the head note Libyan cases should now succeed on Article 15(c) grounds and fresh claims should be made on behalf of clients who have previously been refused. Paragraph 93 is very helpful:

'In light of our findings we have not considered it necessary to conduct a region by region review. We do not doubt that there are in Libya today towns and villages which are relatively calm where, notwithstanding the absence of effective government, people are going about their 'normal' lives. We cannot however be satisfied that the peace in these oases is stable or durable, or that the notional returnee to Libya would be able to safely access such locations. In April 2017 the Secretary-General of the UN reported the freedom of movement of ordinary Libyans to be "severely affected" by violence and lawlessness. Ms Pargeter agreed. As her addendum report illustrates, travel across the country is a dangerous enterprise. Those few airports that do remain open are under the control of various militias. Even if the arriving passenger were able to talk his way out of the airport without being robbed, assaulted, detained or worse, we cannot be satisfied that risks he would face on his onwards journey would be acceptably low. The evidence before us indicates that the situation throughout Libya is extremely unstable, that lawlessness and violence are widespread, and that there is not a sufficiency of protection for the ordinary civilian. We are satisfied that the Article 15(c) risk is made out.'

This decision is most welcome given the current sad state of affairs in Libya and will mean that individuals receive the necessary protection.

No.8 Immigration Seminar 2017

This year's No.8 Chambers' Immigration Seminar is on Wednesday 5th July 2017 at the Council Chamber, Birmingham Council House at 5:00pm until 7:00pm (2 hours CPD).

View Map and directions to the Council House

Chair: Adam Pipe

Speakers: Stephen Vokes and Emma Rutherford

Topics:

Stephen will give an Immigration Law Update

Emma will speak on the Immigration (European Economic Area) Regulations 2016

There will also be time for Q&A (do email questions to me direct before the event)

The event is FREE but you will need to download your own notes before the event. Links to notes are here:

Law Update
European Regulations

The only way to book places is by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. with your details. Please don't email me. Bookings are by email only.

Looking forward to seeing you on 5th July 2017.

Adam Pipe

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